The people of the state of Wisconsin, represented in senate and
assembly, do enact as follows:

SECTION 1

SECTION 1. 111.337 (1) of the statutes is renumbered 111.337 (1r)
(intro.) and amended to read:

111.337 (1r) (intro.) Employment discrimination
because of creed includes, but is not limited to, refusing any of the
following:

(a) Refusing to reasonably accommodate an employee's
or prospective employee's religious observance or practice unless the
employer can demonstrate that the accommodation would pose an undue hardship
on the employer's program, enterprise, or business.

SECTION 2. 111.337 (1g) of the statutes is created to read:

111.337 (1g) In this section:

(a) "Human embryo" means a human
organism that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells. "Human
embryo" includes a zygote but does not include a human organism at or beyond
the stage of development at which the major body structures are present.

111.337 (1r) (b) Discriminating against an employee
or prospective employee by engaging in any of the actions prohibited under
s. 111.322 on the basis of the employee's or prospective employee's refusal,
or statement of an intention to refuse, whether or not in writing, based on
his or her creed, to participate in any of the following:

1. A sterilization procedure.

2. An abortion, as defined in s. 253.10 (2) (a).

3. An experiment or medical procedure that destroys
an in vitro human embryo or uses cells or tissue derived from the
destruction of an in vitro human embryo.

4. An experiment or medical procedure on an in vitro
human embryo that is not related to the beneficial treatment of the in vitro
human embryo.

5. An experiment or medical procedure on a developing
child in a natural or artificial womb, at any stage of development, that is
not related to the beneficial treatment of the developing child.

6. A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.

7. The withholding or withdrawal of nutrition or
hydration, if the withholding or withdrawal of nutrition or hydration would
result in the patient's death from malnutrition or dehydration, or
complications of malnutrition or dehydration, rather than from the
underlying terminal illness or injury, unless the administration of
nutrition or hydration is medically contraindicated.

8. An act that intentionally causes or assists in
causing the death of an individual, such as by assisted suicide, euthanasia,
or mercy killing.

SECTION 4. 154.03 (1) (intro.) of the statutes is amended to read:

154.03 (1) (intro.) Any person of sound mind and 18
years of age or older may at any time voluntarily execute a declaration,
which shall take effect on the date of execution, authorizing the
withholding or withdrawal of life-sustaining procedures or of feeding tubes
when the person is in a terminal condition or is in a persistent vegetative
state. A declarant may not authorize the withholding or withdrawal of any
medication, life-sustaining procedure, or feeding tube if the declarant's
attending physician advises that, in his or her professional judgment, the
withholding or withdrawal will cause the declarant pain or reduce the
declarant's comfort and the pain or discomfort cannot be alleviated through
pain relief measures. A declarant may not authorize the withholding or
withdrawal of nutrition or hydration that is administered or otherwise
received by the declarant through means other than a feeding tube unless the
declarant's attending physician advises that, in his or her professional
judgment, the administration is medically contraindicated. A declaration
must be signed by the declarant in the presence of 2 witnesses. If the
declarant is physically unable to sign a declaration, the declaration must
be signed in the declarant's name by one of the witnesses or some other
person at the declarant's express direction and in his or her presence; such
a proxy signing shall either take place or be acknowledged by the declarant
in the presence of 2 witnesses. The declarant is responsible for notifying
his or her attending physician of the existence of the declaration. An
attending physician who is so notified shall immediately review the
declaration and, if the physician intends to invoke his or her rights under
s. 253.09, shall, as soon as possible, inform the declarant orally and in
writing of that intent and of the physician's concerns, if any, about the
declaration. An attending physician who is so notified shall also make the
declaration a part of the declarant's medical records. No witness to the
execution of the declaration may, at the time of the execution, be any of
the following:

SECTION 5. 155.60 (3) of the statutes is amended to read:

155.60 (3) Upon receipt of a power of attorney for
health care instrument or a statement of incapacity under s. 155.05 (2), a
health care facility or health care provider shall acknowledge this receipt
in writing and, if the principal is a patient of the health care provider,
the health care provider shall include the instrument or the statement in
the medical record of the principal. In addition, if the health care
provider is a physician and the principal is a patient of the physician, the
physician shall immediately review the instrument or statement and, if the
physician intends to invoke his or her rights under s. 253.09, shall, as
soon as possible, inform the principal orally and in writing of that intent
and of the physician's concerns, if any, about the instrument or statement.

SECTION 6. 253.09 (title) of the statutes is amended to read:

253.09 (title) Refusal to participate in certain practices; no
liability; no discrimination.

253.09 (1r) (a) (intro.) No hospital shall be is
required to admit any patient or to allow the use of the hospital facilities
for the purpose of performing any of the following:

(b) A physician or any other person who is a member
of or associated with the staff of a hospital, or any employee of a hospital
in which the performance of an activity specified in par. (a) 1. to 8. has
been authorized, who, in writing, refuses, or states an intention to refuse,
to participate in the activity on moral or religious grounds may not be
required to participate in the activity.

(c) A physician or any other person who is a member
of or associated with the staff of a hospital, or any employee of a
hospital, is immune from liability for any damage caused by, and may not be
subjected to any disciplinary or recriminatory action based on, the refusal
of any such the person to participate in an activity specified in par. (a)
1. to 8. on moral or religious grounds.

SECTION 8. 253.09 (1g) of the statutes is created to read:

253.09 (1g) In this section:

(a) "Human embryo" means a human
organism that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells. "Human
embryo" includes a zygote but does not include a human organism at or beyond
the stage of development at which the major body structures are present.

SECTION 9. 253.09 (1r) (a) 1. to 8. of the statutes are created to read:

253.09 (1r) (a) 1. A sterilization procedure.

2. An abortion, as defined in s. 253.10 (2) (a).

3. An experiment or medical procedure that destroys
an in vitro human embryo or uses cells or tissue derived from the
destruction of an in vitro human embryo.

4. An experiment or medical procedure on an in vitro
human embryo that is not related to the beneficial treatment of the in vitro
human embryo.

5. An experiment or medical procedure on a developing
child in a natural or artificial womb, at any stage of development, that is
not related to the beneficial treatment of the developing child.

6. A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.

7. The withholding or withdrawal of nutrition or
hydration, if the withholding or withdrawal of nutrition or hydration would
result in the patient's death from malnutrition or dehydration, or
complications of malnutrition or dehydration, rather than from the
underlying terminal illness or injury, unless the administration of
nutrition or hydration is medically contraindicated.

8. An act that intentionally causes or assists in
causing the death of an individual, such as by assisted suicide, euthanasia,
or mercy killing.

SECTION 10. 253.09 (2) of the statutes is amended to read:

253.09 (2) A hospital or employee of any a hospital
is immune from liability for any damage caused by a refusal to participate
in an activity specified in sub. (1r) (a) 1. to 8., if the refusal is based
on religious or moral precepts.

SECTION 11. 253.09 (3) of the statutes is amended to read:

253.09 (3) No hospital, school, or employer may
discriminate against any person with regard to admission, hiring or firing,
tenure, term, condition, or privilege of employment, student status, or
staff status on the ground that the person refuses or states an intention to
refuse, whether or not in writing, to participate in an activity specified
in sub. (1r) (a) 1. to 8., if the refusal is based on religious or moral
precepts.

SECTION 12. 253.09 (4) (a) of the statutes is amended to read:

253.09 (4) (a) Such individual to participate in an
activity specified in sub. (1r) (a) 1. to 8., if the individual's
performance or assistance participation in the activity is contrary to the
individual's religious beliefs or moral convictions; or

SECTION 13. 253.09 (4) (b) 1. of the statutes is amended to read:

253.09 (4) (b) 1. Make its facilities available for
an individual to participate in an activity specified in sub. (1r) (a) 1. to
8., if the entity prohibits the activity from taking place in the facilities
on the basis of religious beliefs or moral convictions; or

SECTION 14. 253.09 (4) (b) 2. of the statutes is amended to read:

253.09 (4) (b) 2. Provide any personnel to
participate in an activity specified in sub. (1r) (a) 1. to 8., if the
activity is contrary to the religious beliefs or moral convictions of the
personnel.

SECTION 15. 253.09 (5) of the statutes is created to read:

253.09 (5) (a) In this subsection, "damages" do not
include noneconomic damages, as defined in s. 893.55 (4) (a).

(b) Except for claims that are subject to s. 111.321
or 111.322, a person who is adversely affected by conduct that is in
violation of this section may bring a civil action for equitable relief,
including reinstatement, or damages, or both. In an action under this
paragraph, the court shall award reasonable attorney fees, notwithstanding
s. 814.04 (1), to a person who obtains equitable relief, damages, or both.
An action under this paragraph shall be commenced within one year after the
cause of action accrues or be barred.

SECTION 16. 441.06 (title) of the statutes is amended to read:

441.06 (title) Licensure; civil liability and disciplinary
exemption.

441.06 (6) (b) (intro.) A person licensed as a
registered nurse under this section or as a practical nurse under s. 441.10
is immune from liability for any damage caused by his or her refusal to
participate in any of the following, if the refusal is based on religious or
moral precepts:

SECTION 18. 441.06 (6) (a) of the statutes is created to read:

441.06 (6) (a) In this subsection:

1. "Human embryo" means a human
organism that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells. "Human
embryo" includes a zygote but does not include a human organism at or beyond
the stage of development at which the major body structures are present.

SECTION 19. 441.06 (6) (b) 1. to 8. of the statutes are created to read:

441.06 (6) (b) 1. A sterilization procedure.

2. An abortion, as defined in s. 253.10 (2) (a).

3. An experiment or medical procedure that destroys
an in vitro human embryo or uses cells or tissue derived from the
destruction of an in vitro human embryo.

4. An experiment or medical procedure on an in vitro
human embryo that is not related to the beneficial treatment of the in vitro
human embryo.

5. An experiment or medical procedure on a developing
child in a natural or artificial womb, at any stage of development, that is
not related to the beneficial treatment of the developing child.

6. A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.

7. The withholding or withdrawal of nutrition or
hydration, if the withholding or withdrawal of nutrition or hydration would
result in the patient's death from malnutrition or dehydration, or
complications of malnutrition or dehydration, rather than from the
underlying terminal illness or injury, unless the administration of
nutrition or hydration is medically contraindicated.

8. An act that intentionally causes or assists in
causing the death of an individual, such as by assisted suicide, euthanasia,
or mercy killing.

SECTION 20. 441.06 (7) of the statutes is created to read:

441.06 (7) A person licensed as a registered nurse
under this section or as a practical nurse under s. 441.10 who, in writing,
refuses, or states an intention to refuse, on moral or religious grounds to
participate in a practice of practical or professional nursing that is
related to an activity specified in sub. (6) (b) 1. to 8. may not be
required to participate in the practice with respect to the activity and may
not be disciplined by the board or the department for refusing or stating an
intention to refuse to participate in the practice with respect to the
activity.

SECTION 21. 441.06 (8) of the statutes is created to read:

441.06 (8) (a) In this subsection, "damages" do not
include noneconomic damages, as defined in s. 893.55 (4) (a).

(b) Except for claims that are subject to s. 111.321
or 111.322, a person who is adversely affected by conduct that is in
violation of sub. (7) may bring a civil action for equitable relief,
including reinstatement, or damages, or both. In an action under this
paragraph, the court shall award reasonable attorney fees, notwithstanding
s.814.04 (1), to a person who obtains equitable relief, damages, or both. An
action under this paragraph shall be commenced within one year after the
cause of action accrues or be barred.

448.03 (5) (am) (intro.) A person licensed or
certified under this subchapter is immune from liability for any damage
caused by the person's refusal to participate in any of the following if the
refusal is based on religious or moral precepts:

SECTION 24. 448.03 (5) (ag) of the statutes is created to read:

448.03 (5) (ag) In this subsection:

1. "Human embryo" means a human
organism that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells. "Human
embryo" includes a zygote but does not include a human organism at or beyond
the stage of development at which the major body structures are present.

SECTION 25. 448.03 (5) (am) 1. to 8. of the statutes are created to read:

448.03 (5) (am) 1. A sterilization procedure.

2. An abortion, as defined in s. 253.10 (2) (a).

3. An experiment or medical procedure that destroys
an in vitro human embryo or uses cells or tissue derived from the
destruction of an in vitro human embryo.

4. An experiment or medical procedure on an in vitro
human embryo that is not related to the beneficial treatment of the in vitro
human embryo.

5. An experiment or medical procedure on a developing
child in a natural or artificial womb, at any stage of development, that is
not related to the beneficial treatment of the developing child.

6. A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.

7. The withholding or withdrawal of nutrition or
hydration, if the withholding or withdrawal of nutrition or hydration would
result in the patient's death from malnutrition or dehydration, or
complications of malnutrition or dehydration, rather than from the
underlying terminal illness or injury, unless the administration of
nutrition or hydration is medically contraindicated.

8. An act that intentionally causes or assists in
causing the death of an individual, such as by assisted suicide, euthanasia,
or mercy killing.

SECTION 26. 448.03 (5) (ao) of the statutes is created to read:

448.03 (5) (ao) A person licensed or certified under
this subchapter who, in writing, refuses, or states an intention to refuse,
on moral or religious grounds to participate in a practice within the scope
of his or her license or certification that is related to an activity
specified in par. (am) 1. to 8. may not be required to participate in the
practice with respect to the activity and, notwithstanding ss. 154.07 (1)
(a) 3. and 155.50 (1) (b), may not be disciplined by the board or the
department for refusing or stating an intention to refuse to participate in
the practice with respect to the activity, including refusing or stating an
intention to refuse to transfer a patient to another physician who will
comply with a declaration, as defined in s. 154.02 (1), instrument for power
of attorney for health care, as defined in s. 155.01 (10), or health care
decision, as defined in s. 155.01 (5), of a health care agent, as defined in
s. 155.01 (4). This paragraph does not apply to the refusal to make a good
faith attempt to transfer a declarant with incapacity, as defined in s.
155.01 (8) and with a terminal condition, as defined in s. 154.01 (8), to
another physician who will comply with the declaration, as defined in s.
154.02 (1), of the declarant.

SECTION 27. 448.03 (5) (ar) of the statutes is created to read:

448.03 (5) (ar) 1. In this paragraph, "damages" do
not include noneconomic damages, as defined in s. 893.55 (4) (a).

2. Except for claims that are subject to s. 111.321
or 111.322, a person who is adversely affected by conduct that is in
violation of par. (ao) may bring a civil action for equitable relief,
including reinstatement, or damages, or both. In an action under this
subdivision, the court shall award reasonable attorney fees, notwithstanding
s.814.04 (1), to a person who obtains equitable relief, damages, or both. An
action under this subdivision shall be commenced within one year after the
cause of action accrues or be barred.

SECTION 28. 450.135 of the statutes is created to read:

450.135 Pharmacist's refusal to participate in
certain activities. (1) In this section:

(a) "Human embryo" means a human
organism that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells. "Human
embryo" includes a zygote but does not include a human organism at or beyond
the stage of development at which the major body structures are present.

(2) A person licensed as a pharmacist under this
chapter is immune from liability for any damage caused by his or her refusal
to participate in any of the following, if the refusal is based on religious
or moral precepts:

(a) A sterilization procedure.

(b) An abortion, as defined in s. 253.10 (2) (a).

(c) An experiment or medical procedure that destroys
an in vitro human embryo or uses cells or tissue derived from the
destruction of an in vitro human embryo.

(d) An experiment or medical procedure on an in vitro
human embryo that is not related to the beneficial treatment of the in vitro
human embryo.

(e) An experiment or medical procedure on a
developing child in a natural or artificial womb, at any stage of
development, that is not related to the beneficial treatment of the
developing child.

(f) A procedure, including a transplant procedure,
that uses fetal tissue or organs other than fetal tissue or organs from a
stillbirth, spontaneous abortion, or miscarriage.

(g) The withholding or withdrawal of nutrition or
hydration, if the withholding or withdrawal of nutrition or hydration would
result in the patient's death from malnutrition or dehydration, or
complications of malnutrition or dehydration, rather than from the
underlying terminal illness or injury, unless the administration of
nutrition or hydration is medically contraindicated.

(h) An act that intentionally causes or assists in
causing the death of an individual, such as by assisted suicide, euthanasia,
or mercy killing.

(3) (a) A person licensed as a pharmacist under this
chapter who, in writing, refuses, or states an intention to refuse, on moral
or religious grounds to participate in a practice of pharmacy that is
related to an activity specified in sub. (2) (a) to (h) may not be required
to participate in the practice with respect to the activity and may not be
disciplined by the board or department for refusing or stating an intention
to refuse to participate in the practice with respect to the activity.

(b) 1. In this paragraph, "damages" do not include
noneconomic damages, as defined in s. 893.55 (4) (a).

2. Except for claims that are subject to s. 111.321
or 111.322, a person who is adversely affected by conduct that is in
violation of par. (a) may bring a civil action for equitable relief,
including reinstatement, or damages, or both. In an action under this
subdivision, the court shall award reasonable attorney fees, notwithstanding
s. 814.04 (1), to a person who obtains equitable relief, damages, or both.
An action under this subdivision shall be commenced within one year after
the cause of action accrues or be barred.

SECTION 29.0 Initial applicability.

(1) The treatment of sections 111.337 (1), (1g), and (1r) (b), 253.09
(title), (1), (1g), (1r) (a) 1. to 8., (2), (3), (4) (a) and (b) 1. and 2.,
and (5), 441.06 (title), (7), and (8), 448.03 (5) (title), (a), (ag), (am)
1. to 8., (ao), and (ar), and 450.135 of the statutes, the renumbering and
amendment of section 441.06 (6) of the statutes, and the creation of section
441.06 (6) (a) and (b) 1. to 8. of the statutes first apply to refusals or
statements of an intention to refuse that are made on the effective date of
this subsection.

(2) The treatment of section 154.03 (1) of the statutes first applies to
notifications made on the effective date of this subsection.

(3) The treatment of section 155.60 (3) of the statutes first applies to
power of attorney for health care instruments and statements of incapacity
received on the effective date of this subsection.